WILSON TERRY AND EASTER MAE COSSEY TERRY, APPELLANTS,

v.

SECURITIES INVESTMENT COMPANY, INC., APPELLEE

Citator

Cited By (15 total)

• Ins. Co. OF N. Am. & John Menninger v. Pasakarnis, 451 So. 2d 447 (Fla. 1984)
  …ed, would have substantially reduced or prevented any bodily injuries to him; that Pasakarnis was negligent in failing to use this safety device; and that his damages should be reduced in proportion to his negligence. Relying upon Brown v. Kendrick, 192 So. 2d 49 (Fla. 1st DCA 1966), Pasakarnis moved to strike this affirmative defense, contending that, because he had no duty to wear a seat belt, the fact that he was not wearing his seat belt when this accident occurred does not establish a legal basis to red…
• Ridley v. Safety Kleen Corp., 693 So. 2d 934 (Fla. 1996)
  …contribute to the accident), the plaintiffs recoverable damages should be barred or reduced. Alvin S. Hyde, The Seat Belt Defense 5 (1985). This defense had been discussed and rejected in the district courts as early as 1966. See Brown v. Kendrick, 192 So. 2d 49 (Fla. 1st DCA 1966).5 We first approved the seat belt defense in Insurance Co. of North America v. Pasakarnis, 451 So. 2d 447, 449 (Fla.1984). Prior to Pasakamis, we considered a number of issues regarding automobile safety and design, a manufactur…
• Honda Motor Co., Ltd. v. Marcus, 440 So. 2d 373 (Fla. 3d DCA 1983)
  …Quinn v. Millard, 358 So. 2d 1378 (Fla. 3d DCA 1978) (lack of evidence of causal connection between claimant’s injuries and his failure to fasten seat belt precludes submission to jury, even if seat belt defense were recognized); Brown v. Kendrick, 192 So. 2d 49 (Fla. 1st DCA 1966) (although holding that seat belt defense unavailable in any event, alternatively holding that lack of evidence of causal connection between claimant’s injuries and his failure to fasten seat belt made defense unavailable in insta…